Legal Question in Tax Law in Illinois

tax laws

My exboyfriend and i have a child together and a court order giving us rights to claim her for tax purposes on alternating years. Can he claim her every year if my income is less than what i receive in child support? Or order me to provide my W-2 as proof of such?


Asked on 10/21/08, 1:54 pm

1 Answer from Attorneys

Re: tax laws

You can agree to take the exemption on either return from year to year. The IRS only cares that BOTH of you don't take it in any given year. For instance, it can cause a problem when one person insists on taking the exemption in spite of the court order. Then it's a matter for your divorce attorney to handle.

If the IRS receives two returns with the same exemption taken, it will hold up the processing of both returns until the matter is straightened out.

Good luck to you.

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Answered on 10/26/08, 2:05 pm


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